NSW Sold car privately, what’s our legal standings with the buyer wanting to take us to court

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JLB

Member
23 April 2018
1
0
1
Hello,
We recently sold our car privately. We had a full service, log books up to date and all information provided to the seller. On date of sale we were under the impression there was absolutely nothing wrong with the car.

2 days after sale, we had a call from the buyer informing us they had to put 5 litres of oil in the car, which we thought was strange as the full service included the mechanic filling up the 7 litres of oil the car took and we informed the buyer of this. He said he would keep us informed. The next day, he called us again informing us the engine had just blown up and wanted us to fix it. We took it to a mechanic and they informed us of compression lock due to too much oil being put in. The buyer is now taking legal action and wanting us to pay for the car to be repaired as he believes we knowingly sold him a “lemon”. We had absolutely no idea and have all mechanic reports from when we had the full service just before it was sold and mechanic reports claiming the damage was not something we could have foreseen and did not happen while in our possession. The buyer has threatened to come to our house multiple times, unfortunately not in writing though, only over the phone and face to face with my partner.

I was just wondering what legal standings we have in regards to this?
 
Last edited:

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Your legal standing is this; if you feel threatened, report him to police. Other than that, nothing.

It is very easy for an idiot to damage a vehicle after purchase, lucky you had it inspected before sale! He has no case. Even if your mechanic made a mistake, that is not your problem legally, since you are much less of an expert than the mechanic.